Criminal Jury Trials Lawyers in Wilkes-Barre, PA

Lampman Law is focused on defending people accused of violating the law in Pennsylvania. In doing so, we seek to defend the constitution and hold the government accountable to their burden of proof. Defending the accused is not an easy task but we are proud to do it.

By the time a case is “trial ready”, we have filed various motions, questioned witnesses at pre-trial hearings, read the transcripts of those hearings, prepared for evidentiary issues, and reviewed jury instructions. We then draft questions for each witness with citations to the record. We also draft voir dire questions, opening statements, and our closing arguments. At trial, we aim to present a theme for acquittal while showing that the Commonwealth cannot prove their case beyond a reasonable doubt.

What is a jury trial?

In Pennsylvania, a criminal jury trial is a trial where twelve citizens decide whether the Commonwealth has proven their case against a defendant beyond a reasonable doubt. A jury decides the facts and applies the law to the case. While the court reads the jury instructions on the law, the jury makes the ultimate decision on how the law applies to the facts of the case. If a jury’s verdict is not unanimous, a mistrial occurs.

Does a defendant always have a right to a jury trial?

No. The right to a jury trial only applies when a criminal defendant faces a sentence of imprisonment exceeding six months.

What is voir dire?

Voir dire is a French word that means to speak the truth. It is the process of selecting the twelve members of a jury from a panel of prospective jurors. During the process the judge and lawyers can ask questions to the panel as a group. A potential juror may also be questioned individually by the judge and lawyers. A juror may be stricken or excluded for cause if they cannot serve as a juror due to a physical impairment, bias, or an inability/unwillingness to follow the law.  The jury is selected after the Commonwealth and the defense use their peremptory challenges to strike members of the panel. Peremptory strikes are made without explanation unless a prima facie challenge is made that the strike was based on race, ethnicity, religion, or sex.

What are opening statements?

Opening statements are the speeches or arguments the lawyers give to the jury previewing the evidence to support their theory of the case. The Commonwealth opens first. The defense can open immediately after the Commonwealth or can wait to open before the defense begins its case-in-chief. In general, the defense should open before the Commonwealth calls its first witness because it is important to plant the seed of doubt as early as possible.

What is the Commonwealth’s case-in-chief?

The Commonwealth begins their case-in-chief after opening statements when they call their first witness. The Commonwealth bears the burden of proving guilt beyond a reasonable doubt so they will call as many witnesses as needed to prove each element of each crime charged.

After the government questions each witness, the defense has an opportunity to cross-examine the witness. Cross-examination is the basis for nearly every defense at trial. It is an opportunity to highlight the defense and to turn a prosecution witness into a witness for the defense.

What is the Defendant’s case-in-chief?

After the Commonwealth rests its case, the defense can, but does not have to, present its case. The defense may have fact witnesses, expert witnesses and the defendant can, but does not have to, testify. Here it is important to remember that the Commonwealth bears all burdens. The defendant has no burden. The defendant also has the absolute right to remain silent and neither the government nor the jury can hold a defendant’s silence against him/her.

What is a Rebuttal Witness?

The Commonwealth may present rebuttal witnesses and or evidence to challenge the defendant’s case in chief. Depending on the scope of the rebuttal, the defense may object and prevent the Commonwealth from producing rebuttal testimony.

What are closing arguments?

Closing arguments are the lawyers’ final opportunity to speak with the jury. The arguments must be supported by the facts. The Commonwealth gets to argue last since they have the burden of proof.

What are the court’s final instructions?

After closing arguments, the court reads a series of jury instructions concerning the crimes charged and the legal principles raised during trial. The jury instructions are important because they are the rules the jury must follow when reaching their verdict.

How are jury deliberations conducted?

The jury is directed to deliberate until they reach a verdict. The twelve members of the jury deliberate together without interruption.

Does Lampman Law have jury trial experience?

Yes, Lampman Law has successfully tried many jury trials to verdict.

Call us today at 570-371-3737. We are here to help and ready to fight.

 

‍